International convention for the protection of new varieties of plants (Geneva, 02.XII.1961, Revised at Geneva on November 10, 1972, on October 23, 1978, and on March 19, 1991)

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INTERNATIONAL CONVENTION

for the protection of new varieties of plants

Geneva, 02.XII.1961

Revised at Geneva on November 10, 1972,

on October 23, 1978, and on March 19, 1991

Chapter I. Definitions (Article 1)

Chapter II. General obligations of the contracting parties (Articles 3-4)

Chapter III. Conditions for the grant of the breeder's right (Articles 5-9)

Chapter IV. Application for the grant of the breeder's right (Articles 10-13)

Chapter V. The rights of the breeder (Articles 14-19)

Chapter VI. Variety denomination (Article 20)

Chapter VII. Nullity and cancellation of the breeder's right (Articles 21-22)

Chapter VIII. The union (Articles 23-29)

Chapter IX. Implementation of the convention; other agreements

(Articles 30-32)

Chapter X. Final provisions (Articles 33-42)

CHAPTER I. DEFINITIONS

Article 1. Definitions

For the purposes of this Act:

(I) "this Convention" means the present (1991) Act of the International Convention for the Protection of New Varieties of Plants;

(II) "Act of 1961/1972" means the International Convention for the Protection of New Varieties of Plants of December 2, 1961, as amended by the Additional Act of November 10, 1972;

(III) "Act of 1978" means the Act of October 23, 1978, of the International Convention for the Protection of New Varieties of Plants;

(IV) "breeder" means

- the person who bred, or discovered and developed, a variety,

- the person who is the employer of the aforementioned person or who has commissioned the latter's work, where the laws of the relevant Contracting Party so provide, or

- the successor in title of the first or second aforementioned person, as the case may be;

(V) "breeder's right" means the right of the breeder provided for in this Convention;

(VI) "variety" means a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a breeder's right are fully met, can be

- defined by the expression of the characteristics resulting from a given genotype or combination of genotypes,

- distinguished from any other plant grouping by the expression of at least one of the said characteristics and

- considered as a unit with regard to its suitability for being propagated unchanged;

(VII) "Contracting Party" means a State or an intergovernmental organization party to this Convention;

(VIII) "territory," in relation to a Contracting Party, means, where the Contracting Party is a State, the territory of that State and, where the Contracting Party is an intergovernmental organization, the territory in which the constituting treaty of that intergovernmental organization applies;

(IX) "authority" means the authority referred to in Article 30 (1) (II);

(X) "Union" means the Union for the Protection of New Varieties of Plants founded by the Act of 1961 and further mentioned in the Act of 1972, the Act of 1978 and in this Convention;

(XI) "member of the Union" means a State party to the Act of 1961/1972 or the Act of 1978, or a Contracting Party.

CHAPTER II. GENERAL OBLIGATIONS OF THE

CONTRACTING PARTIES

Article 2. Basic Obligation of the Contracting Parties

Article 3. Genera and Species to be Protected

Article 4. National Treatment

Article 2. Basic Obligation of the Contracting Parties

Each Contracting Party shall grant and protect breeders' rights.

Article 3. Genera and Species to be Protected

1. [States already members of the Union] Each Contracting Party which is bound by the Act of 1961/1972 or the Act of 1978 shall apply the provisions of this Convention,

(I) at the date on which it becomes bound by this Convention, to all plant genera and species to which it applies, on the said date, the provisions of the Act of 1961/1972 or the Act of 1978 and,

(II) at the latest by the expiration of a period of five years after the said date, to all plant genera and species.

2. [New members of the Union] Each Contracting Party which is not bound by the Act of 1961/1972 or the Act of 1978 shall apply the provisions of this Convention,

(I) at the date on which it becomes bound by this Convention, to at least 15 plant genera or species and,

(II) at the latest by the expiration of a period of 10 years from the said date, to all plant genera and species.

Article 4. National Treatment

1. [Treatment] Without prejudice to the rights specified in this Convention, nationals of a Contracting Party as well as natural persons resident and legal entities having their registered offices within the territory of a Contracting Party shall, insofar as the grant and protection of breeders' rights are concerned, enjoy within the territory of each other Contracting Party the same treatment as is accorded or may hereafter be accorded by the laws of each such other Contracting Party to its own nationals, provided that the said nationals, natural persons or legal entities comply with the conditions and formalities imposed on the nationals of the said other Contracting Party.

2. ["Nationals"] For the purposes of the preceding paragraph, "nationals" means, where the Contracting Party is a State, the nationals of that State and, where the Contracting Party is an intergovernmental organization, the